14.40 ELEMENTS OF CLAIM: WRONGFUL TERMINATION (Employee with a Serious Health Condition) is a claim that an employee has been wrongfully terminated due to their serious health condition. This serious health condition could be physical, mental, or emotional. The employee must demonstrate that the termination was motivated by their serious health condition, rather than any other factor such as performance, skills, or attitude. The elements of this claim are that the employee must show that they had a serious health condition that was known or should have been known to the employer; that the termination was motivated by that serious health condition; that the employer failed to provide reasonable accommodations for the employee; that the employer acted in a manner that violated the law; and that the employee suffered damages as a result. There are two types of 14.40 ELEMENTS OF CLAIM: WRONGFUL TERMINATION (Employee with a Serious Health Condition). The first is a claim of disability discrimination, which is when an employer discriminates against an employee due to their disability or serious health condition. The second is a claim of retaliation, which is when an employer terminates an employee because they have complained about discrimination or filed a complaint or lawsuit.
14.40 ELEMENTS OF CLAIM: WRONGFUL TERMINATION (Employee with a Serious Health Condition)
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